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accused of bullying

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leanne2006 | 19:04 Sun 31st Aug 2008 | Jobs
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hi everyone, i've got a problem which i would really like some opinions on......in a nutshell i have recieved some disciplinary paperwork from my boss stating a member of staff i work with has accused me of bullying and harrasment in the form of rumours. I know there is nothing I can do...the accusing person is a very strong woman who can make any story true, however i feel these claims are totally untrue and was wondering if anyone had any advice that will help me in my supporting statement for me to be able to save my much loved and longed for career for which i have put in alot of time money and training. thankyou
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Have you been told what you have supposed to have said and to whom?

When you go for your disciplinary meeting take a work mate with you who can vouch for you or who can give you a written statement. Do you know who said these things and if so let them know this. If she has said that you said xx on xx date can you prove that you were somewhere else or remember the conversation and be able to give your version.

Unless they are saying you intimidated them, and you will know if you did, then bullying can be subjective to how the 'offended' person feels about any given act.

Do you gossip? or have you repeated something you may have heard and thus repeated and this person is now blaming you? If so then try to fine out who started it. Otherwise get your workmates to vouch for you.
Question Author
ive been told the accusant has a witness...who i have an idea who it is....there is also another person in trouble too.
i have only been told very few details about the complaint...it is about something i said about this person and how she came to obtain her sick note for work....the accusant told me this info herself and alot of other people who we work with. i may have repeated this info but not in a malicious way...in more of a conversation...i don't think i am allowed to know the exact facts regarding the complaint until the formal interview which makes it difficult to prepare myself.
also at this stage of the investigation i don't think i'm allowed to involve other colleagues....what am i going to do!!!
Hi-I would be truthful and not worry about it. If you lose your job-which I don't expect you will-then you will find out why and not repeat it.
Is the person who has reported you senior or minor. What is the scenario?
Your firm has a very poor disciplinary procedure if you are not allowed to have someone with you at what is basically a formal meeting. This is pretty much standard everywhere.

Also, I would think you would have a right to know the exact nature of complaints against you and who by BEFORE you have such a meeting. From your point of view you have the right to defend yourself, and consequently should know what you have to defend yourself against.

Just pulled these out when doing a google - not looked at them properly but there might be something in either that will help.

http://employease.co.uk/

http://www.advicenow.org.uk/advicenow-guides/w ork/how-to-survive-a-disciplinary-hearing/


If she told you herself then you have to say this. How else would you have found out? Although I think they have a duty to tell you what you have been accused of (so you can prepare) I think they also have to allow you to take a mediator as well.

If the information were true would she get into trouble for it?

As an aside just because something comes up in conversation and isn't ment in a malicious way doesn't stop it being gossip. As I said before what is felt by what is said is subjective. For you it is conversation for someone else it is Malicious gossip. This is why we all have to be careful and gaurded about what we say and to whom, to be honest even our friends...
So are you saying you definitely didnt say anything of the sort ?If so then thats your defence and the onus of proof is on them id say.
And ive never heard of a firm that doesnt let anyone have a witness .At least a colleague or a representative from your union if you have one.
You should receive 24 hours written notice of any disciplinary hearing and you should be allowed to take in a work colleague or a union official with you.
It all sounds like a lot is being made of workplace gossip to me and on the face of it does not sound like gross misconduct, so should not be a dismissable offence. Although obviously I do not know the full facts!
If your company intends trying to mismiss you for gross misconduct, they really should suspend you while an investigation is being carried out, if they do not do this, then you should have an automatic case of unfair dismissal.
If you are not allowed to bring anyone else in with you at a disciplinary hearing, then you may also have a case for unfair dismissal (if it gets to that) as I believe that this is your legal right.
If you think this is getting serious, then I would have a chat with a solicitor and let your company know you are doing so! A lot of companies do things incorrectly, relying on the ignorance of their employees to get away with it!
Hope this has helped
Sue
-- answer removed --
Question Author
cheers for your answers and advice guys....i am allowed to take a witness with me just was advised not to involve too many colleagues from work to avoid more gossip. having discussed the case with my boss {who makes the final decision} it sounds like i have a very good case and she is supporting and advising me as much as she can...my informal interview is tomorrow so i'm writing my case today....wish me luck and i'll keep u all posted x
Hi Leanne, how did it go? (Fingers crossed) Okay I hope?
Question Author
hi everyone...thanks for all ur good advice...the informal interviews went ahead...but the case was thrown out because there was not enough evidence...i'm free...yaya....next step is facing the accuser when she comes bak to work...thanku x

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